Legal methods Flashcards
1
Q
ADR Role
A
- Variety of different processes in which an impartial practitioner helps people to resolve their disputes
2
Q
ADR positive
A
- Quicker, cheaper more flexible, less stressful, more confidential than courts
- Party retain control
- Encourage cooperation
- Rules of evidence do not apply
3
Q
ADR negative
A
- Mediation + conciliation do not end in a legally binding decision
- Fear of violence, public interest
- Not always resolved; fail to attend, no genuine effort, unsuitable dispute
4
Q
Tribunal role
A
- Resolves dispute through legally enforceable orderis in relation to civil matters, such as tenancy disputes
- NSW Civil Admin Tribunal (NCAT)
- Conduct administrative review ( review the merits of a decision )
5
Q
Tribunal positive
A
- Legally enforceable decision – ends conflict – finality, certainty
- Faster, less formal, less costly than court
- Rules of evidence do not apply
6
Q
Tribunal negative
A
- Parties lose control over outcome ( unlike mediation )
- Limited jurisdiction – can only make decisions on specific areas of law
7
Q
Courts role
A
- Interpret and enforce the law resolving disputes through legally enforceable orders
- Courts carry out judicial review ( a review of the legality of the decision )
8
Q
Courts positive
A
- Legally enforceable decision – ends conflict – finality and certainty
- Ensures government decisions are lawful – upholds separation of powers
- Strict rules of evidence apply – fair, reliable
- Court system as a whole as unlimited jurisdiction
9
Q
Courts negative
A
- Lengthy, formal, expensive- less accessible
- Takes control away from parties – heighten conflict + polarise parties
10
Q
Ombudsman statute
A
- Ombudsman act 1974 (NSW)
- Ombudsman Act 1976 (Cth)
11
Q
Ombudsman role
A
- Investigate complaints against government
- Makes recommendations to improve unfair government conduct
12
Q
Ombudsman positive
A
- Its recommendations are often adopted, leading to fairer gov. conduct
- Free service – helps access to law
- Investigations attract publicity – exert pressure on gov. to change
13
Q
Ombudsman negative
A
- Cannot force the government to adopt its recommendations
- Cannot directly change law
14
Q
Australian Human Rights Commission statute
A
- Australian Human Rights Commission Act 1986 (Cth)
15
Q
Australian human rights commission role
A
- Investigates and conciliates complaints of discrimination
- Holds inquiries into HR issues and makes recommendations to govt
- Educates people about HR
